The 3 Things Your Independent Contractor Agreement Covers For You
let this be your loving, slightly haunting reminder: A contract isn’t harsh, IT doesn’t kill trust—And a contract you don’t send might as well not exist.
This is maybe the worst thing that’s happened in my 10 (!) years of having my own practice. A client contract situation gone wrong — all because she didn’t want to intimidate the contractor or change the relationship.
I hope that you learn from this story and walk away with a deep understanding of three things your independent contractor agreement does for you.
I’m Maria Spear Ollis, aka The Lunar Lawyer, and I’m going to shine some light on the three things your independent contractor agreement covers for you.
Here’s the story.
Nine years ago, a client came to me and wanted a contract for a contractor/collaborator. She had been working with the contractor for quite some time. This contractor had access to all of my client’s plans and confidential information.
So I created a contract. But my client was still skiddish. She was afraid a contract would intimidate the contractor or send a message that she didn’t trust the contractor.
So she never sent it.
And then, the contractor started her own business. With my client’s plans.
And there was nothing we could do about it, because the contractor never agreed to confidentiality.
The Three Main Things Your Independent Contractor Agreement Does For You
Your Independent Contractor Agreement does three things:
Your contract establishes boundaries.
iT DICTATES WHO OWNS WHAT..
IT MAKES SURE YOUR CONFIDENTIAL INFORMATION STAYS THAT WAY.
Creating Boundaries with Independent Contractors
Your relationship with a contractor should be very clear:
They’re a contractor.
Not a partner, not an employee — a freelance contractor.
Likewise, an independent contractor agreement is very clear on what the contractor is responsible for and what you are responsible for.
The “scope” (the section that details the project or contractor’s role) details what the contractor is delivering, and the parameters around those services.
All of these things? #boundaries.
Copyright and IP Ownership With Independent Contractors
I’ve said it and I’ll keep saying it until I’m blue in the face: the general default rule is that contractors own anything they create. If you want to change that default copyright ownership rule, there has to be a signed, written agreement that says so.
Your independent contractor agreement is that agreement.
Protecting Confidential Information With Your Independent Contractors
There is no law protecting confidential information (like financial information, client contact information, buyer purchase history, or business marketing plans) by default.
Confidential information isn’t confidential unless it stays confidential.
And your contractor isn’t obligated to keep anything confidential unless you have that in writing.
(With the exception of doctors and lawyers, of course.)
The Big Lesson From This Story
If you’ve ever been in a position where you’ve thought “Things have been smooth sailing, so I’m sure it’s fine.” know that, in a snap, it could suddenly be not fine.
A contract isn’t harsh—it sets boundaries with love.
A contract doesn’t kill trust—it supports it.
A good independent contractor agreement prevents “he said, she said” confusion if something goes sideways And a contract you don’t send is useless.
If your work is precious and protected by vibes alone… it might be time to make a legal glow-up. The Legal Apothecary Sanctuary opens Monday, June 9.